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-- ., Assessment or Environmental Impact Statement is required. Written comments have been .... received from the Town of Carrboro, and verbal comments have been received from the Planning Director far the Town of Ghapel Hill who indicated he saw no real problem with the Ordinance. His only concern, which was also a concern expressed by Carrboro, was where the Ordinance would apply. Would it apply only in Orange County's jurisdiction, or would it also apply within the corporate limits and zoning and planning jurisdictions of the various towns. Since that issue is not resolved, Collins recommended that the Ordinance apply only within Orange County's jurisdiction. He noted that when the County adopted the Erosion Control Ordinance, it applied countywide, because there was an agreement that it be applied on that basis. If we are going to have a countywide ordinance approach far the Environmental Impact Ordinance, this same type of agreement could be initiated. Commissioner Marshall pointed out that there are different ways this can be accomplished. Milton Heath suggested that it be done in the County's own planning jurisdiction and only upon request would it be enforced in the municipalities. Attorney Geoffrey Gledhill mentioned that the Chapter under which this Ordinance is being enacted does not state whether it applies within the entire County or just within that portion of the County not within a town. There needs to be legislative clarification. The questions of its applicability can be handled in the interim by agreement among the towns and the county. The problem with attempting to say that a Countywide Ordinance only applies outside of the towns is that unless Statues give the County authority to do that, it raises a question about whether or not the Ordinance is applicable anywhere. Collins summarized the contents of the Environmental Impact Ordinance which is a part of the permanent agenda file in the Glerk's office. The Planning Staff recommends approval of the Ordinance. . QUESTIONS O,13 COMMENTS FROM THE COMMISSIONERS OR THE PLANNING BOARD Commissioner Hartwell questioned if there was a provision for exemption for agricultural lands. Collins stated that agricultural and/or farm uses would not be affected by this Ordinance. Gledhill's legal opinion was that this ordinance did not exclude farm uses. If the farm use fell into any of the categories mentioned in the Ordinance it would be subject to this Ordinance. If the county wants farm and/or agricultural uses to be exempt it will need to make these exclusions. Commissioner Hartwell asked that agricultural and/or farm uses be exempted. Steve Yuhasz asked if someone had IO acres and wanted to put in a pond would they fall under the environmental assessment or would that be considered a normal exception to residential use? He also asked about clearing 4 acres of land for a horse pasture. Collins indicated that the specifics of the size of the pond and how much land it disturbed would have to be considered. However, in reading .the ordinance it appears that it would "fall out" in terms of the first review, and it would not require an assessment. In the case of clearing land for a horse pasture the specifics would need to be reviewed, but that also appears to be another case where it would be unnecessary to submit an assessment.